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A pointing a receiver of an estate in mortgage, for the better pay

ment of the interest ; in which is a power to cut down underwood: And also an agreement, in case the mortgage-money be taxed, that tbe mortgagor shall pay obe increase of intereft.

THIS

THIS INDENTURE, tripartite, made the

day of and in the

year of the reign &c. , BETWEEN A. A, of &c. Gent. of the first part; B. B. of &c. Esq; of the second part; E. E. of &c. Esq; and H. H. of Sc. Geni. of the third part; Whereas the said A. A. and 7. y. of &c. Esq; in and by their indenture of mortgage, bearing even date with these presents, for che consideration of

pounds of lawful money of Great Britain therein mentioned, to be paid unto the said 4. A. and of five fillings to the said 7. 7. by the said E. E. and H. H. did bargain, sell, demise, limit, direct, and appoint unto the said E. E. and É. H. their executors, administrators, and affigns, ALL that the manor, or reputed manor, or lordship of

with the appurtenances, in the county of

AND ALSO all the other mesfuages, closes, lands, tenements, and hereditaments whatsoever, of them the faid A. A. and 7. 7. or either of them, in the parish, fields, and bounds of

aforesaid, with their and every of their appurtegances, To hold the same for

- years, at the rent of a pepper-corn, if demanded; in which said recited indenture is contained a provifoe for making void the said term, on payment of the sum of

pounds on the days therein mentioned, as by the said recited indenture, reference being thereunto bad, may more fully appear. AND WHEREAS, before the making the said recited indenture, the said A. A. agreed, that in case they the said E. E. and H, H. thould be taxed for the said

pounds principal money, or any part thereof, then he the said A. A. should and would pay

so much of the said taxes as would make up the interest of the said mortgage-money, being now at 5 l. per cent. per annum, full 6 l. per cent, per annum, notwithstanding the said mortgage-money is mentioned in the said mortgage deed to be lent at 5 l. per cent. per annum, and to that end and purpose he the said 1. 1. Thould and would, by a writing under his hand and seal, make one or more letter or letters of attorney irrevocable, to authorise the said B. B. to receive and take all the rents, issues, and profits, of the said manor of -- and all other the faid mortgaged premises, to the intent, in the firft place, to pay unto the said E. E. and H. H. their executors, administrators, and alligns, the interest of the said sum of - pounds. And also in care the faid sum of

pounds, or any part thereof, Tould be taxed as aforesaid, so much more as shall make up the said interest of 5 l. per cent. per annum, full 6l. per cent. per annum, as the same shall become due and payable, during all such time as the said manor and premises should continue, and be a security for the said sum of pounds, and the interest thereof; and after full payment thereof, the 12

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residue

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refidue and overplus of the rents, issues, and profits of the said pre.mises, (if any should be, after all just allowances deducted) to be sendered and paid by the said B. B. unto the faid A. A. and the said 7.7. respectively, according to their respective estates in the said premiiles. AND it was also agreed, That if the said B. B. should happen to die before the said

pounds and interest should be paid, or refuse or neglect to take and receive the said rents, according to the said letter of attorney, then he the faid A. A. Could and would make and execute one or more letter or letters of attorney, to such other fit person or persons as they the said E. E. and H. H. their executors, administrators, and alligns should think fit, for receiving and taking the ren's, issues, and profits of the said manor and mortgaged premises, for the purposes aforesaid. Now these preJents witness, that the said 1. 1. in pursuance of the said agreement, and for the true payment of the interest of the said sum of pounds, in manner and form as aforesaid, and of such proportion of taxes as is before mentioned, hath deputed, constituted, and appointed, and in his place and stead put, and by these presents doth depute, constitute, and appoint, and in his place and stead put the said B. B. his true and lawful actorney, in the name of the faid A. A. to demand and receive of all and every the tenant and tenants of the said A. A. holding, or to hold, all or any of the said manor and mortgaged premises in - aforesaid, all and every the rents and profits thereof, as shall from henceforth become due and payable, upon and by virtue of any demise or lease made, or to be made thereof, or any part thereof; And in default of payment thereof, in the name of the said A. A. to enter inco, and upon all or any of the said premises, and there to distrain for such rent as Thall be in arrear, and such distress to take, lead, drive, carry away, and impound; and if such rents fhall not be paid, to sell and dispose of all such distresses, according to the law in that care made and provided ; or in the name of the said A. A. to sue for and profecute in all or any of the courts of law or equi!y, all and every the tenant and tenants of the said premises, as thall from time to time be in arrear of his, her, or their rents, and proceed in such fuit or suits until such rents Dall be fully paid and satisfied: And to act and do alt and every other thing and things whatsoever for the sailing, receiving, taking, and getting in, the rents and profits of the said premises, and every part thereof, or by selling of any underwoods, for or on the trusts, and to and for the intents and purposes herein before mentioned concerning the same. AND the said A. A. doth hereby direct and appoint all and every the tenant and tenants of the said manor and premises to pay unto the faid B. B. all and every one rents and profits of the said manor and premises, for the purposes aforesaid; and doth hereby declare and agree, that his receipt and receipts shall be a good and sufficient discharge and discharges for the fame respectively. AND the faid A. A. for himself, his heirs, executors, and administrators, and every of them, aoth covenant and agree to and with the said E. E. and H. H. their executors, admini

strators,

ftrators, and affigns, that he the said A. A. Iball not, nor will not, revoke, or make void this present letter of attorney, or the power thereby granted to the said B. B. until the said

pounds, and all the interest thereof, shall be fully paid and satisfied, but Thall and will, in case the said B. B. fall do or refuse, or neglect to proceed in the receiving the said rents and profits of the said premises, before the said

pounds, and all the interest chereof shall be fully paid and satisfied, make and execute one or more sufficient letter or letters of attorney, whereby to authorise such fit person or persons to take and receive the said rents and profits of the said manor and premises, for the purposes aforesaid, as they the said E. E. and H. H. their executors, administrators, or assigns, Thall from time to time direct or appoint. AND the said A. A. for bimself, his heirs, executors, and administrators, and every of them, doth further cove. nant, grant and agree, to and with the said E. E. and H. H. their executors, administrators, and affigns, and every of them, by these presents, that in case the said E. E. and H. H. their executors ad. miniftrators, or affigns, shall happen to be assessed, and pay any tax or taxes for the said

pounds, or any part thereof, then be the said A. A. shall and will pay and reimburse them the said E. E. and H. H. their executors, adminiftrators, or affigns, all or so much of such tax or taxes as shall make up the said interest money of the said

pounds full 6lper cent. per ann. according to the agreement herein before mentioned concerning the same, any thing in the said indenture of mortgage contained to the contrary thereof in abywise notwithstanding. In witness &c.

Award (by Arbitration Bond.)

Tbal one party hall convey land and pay money to the other. AN suits to cease. The parties mutually to give releases to each orber.

T.

O ALL TO WHOM this present writing of award in

dented shall come, 4. A. ofc. Gent. C.C. of &c. Esg; and D. D of &c. yeomen, send greeting : WHEREAS divers suits, difputes, controversies, and differences, have happened and arisen, and are now depending, between E. E. of &c. Gent. and F. F. of &c. Esq; for pacifying, composing, ordering, and ending whereof, the faid E, E. and F. F. have bound themselves, each to the other, in the penal sum of

pounds, of lawful money of GreatBritain, by two several bonds or obligations, bearing date che day of

last past before the date hereaf, with condition tbereunder written, to stand to, obey, abide, perform, and keep the award, order, arbitrament, final end, and determination of the raid 1. A. C. C. and D. D. arbitrators indifferently named, elected, and chosen, as well on the part and behalf of the said E. E. as of the A a 2

faid

day of

faid F. F. ta arbitrate, award, judge, and determine, of and concerning all and all manner of action or actions, caufe and causes of action, fuits, bills, bonds, judgments, executions, extents, quarrels, controversies, trespasses, damages, and demands whatfoever, at any time or times thentofore had, made, commenced, fued, profecuted, or depending, by and between the faid parties, or either of them, so as the said award should be made, in writing under the hands and seals of the said arbitrators, or any two of them, ready to be delivered unto the said parties, on or before the

&c. as by the said two several bonds and conditions thereof' it doth ard may appear. NOW KNOW YE, That the said . 4. C. C. and D. D. taking on them the charge and butthen of the said award ; and having deliberately heard the griefs, allegations, and proofs of both the said parties, DO by these presents arbitraté, award, order, decree, and adjudge of and concerning the premises in manner and form following ; (that is to say) Firft, they do award, order, decree, and adjuge, That the faid F. F. or his heirs, shall and do, on or before the

day of

next ensuing the date hereof, make and execute a good and fufficient conveyance and settlement (in case the same be not already done) of such part of a certain farm, sometime in the poffeffion of G. G. fituate in the parish of in the county of

as is freehold and not copyhold, pursuant and according to the true intent and meaning of certain articles of agreement, bearing date on or about the

which was in the year of our Lord and made as mentioned to be made between the said F. F. of the one part, and the said E. E. of the other part, or as near the same as the present circumstances of the case will admit. AND ALSO, the said arbitrators do further award, order, decree, and adjudge, That the said F. F. his executors or adminiftrators, Mall and do, on or before the faid

next ensuing the date hereof, pay, or cause to be paid, unto the said E. E. in

aforesaid, the sum of

pounds, of lawful money of GreatBritain, in full payment, discharge, and satisfaction, of and for all monies, debts, and duties due and owing unto the said E. E. by the said F. F. upon any account whatsoever, at any time before their entering into the said bonds of arbitration as aforesaid. AND ALSO, the faid adlions and suits commenced, brought, or depending between the said E. E. and F. F. for any matter, cause, or thing whatfoever, arising, or happening at the time of, or before, their entering into the said bonds of arbitration, fhall from henceforth cease ani de termine, and be no further prosecuted or proceeded in by them, or either of them, or by their or either of their means, confent, or procurement. AND LASTLY, the raid arbitrators do further award, order, adjudge, and direct, that the said E, E. and F. F. Hall and do, within the space of two days next ensuing the date of this pre. fent' award, real and execute unto each other, mutual and general releases of all actions, cause and causes of action, suits, controveifies, tretpalles, debes, duties, damages, accounts, reckonings, and

day of

day of

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demands

demands whatever, for or by reason of any matter, caufe, or thing whatsoever, from the beginning of the world until the day of the date of the raid bonds of arbitration as aforesaid. IN WITNESS whereof the said arbitrators to both parts of this present award in-! dented, have set their hands and feals this

day of &C. Sealed &c.

held at

on >

day of

For settling an account between two, where there had been mutual

dealings. O ALL TO WHOM these presents shall come, G. P. of TO &c. fendeth græting : WHEREAS at the fitting of nifi prius, in and for the

the , in the year, and in the year of the reign of our sovereign Lord George the Third, now King of Great-Britain, &c. before the Right Honourable William Lord Mansfield, Chief- Justice of our faid Lord the King, before the King himself, a caufe came on to be heard between S. T. plaintiff, and C. D. defendant: AND it was ordered by the raid court, by and with the consent of plaintiff and defendant, their counsel and attornies, that the laft juryman fworn and impanelled in the faid caule, be withdrawn out of the panel, and that all matters in difference between the said parties in the said cause, be referred to the award, order, arbitrament, final end and determination of the said G. P. in ibe said order of niß prius, called G. P. of &c. so as he should make and publish bis award in writing, of and concerning the premises in queftion between the said parties, on or before the

day of

term, then and now next ensuing, and that the faid' parties should perform, fulfil, and keep roch award, so to be made by the said arbitrator as aforesaid ; And it was also ordered by and with such consent as aforesaid, that the costs of the said fuit, and alto the costs of the said award, should abide the event of the said award, and that the said arbitrator do direct and award by whom, and to whom, and in what manner the fame should be paid ; And it was likewise ordered by and with such consent as aforesaid, that the plaintiff and defendant respectively were to be examined upon oath, to be sworn before the said 'Lord Chief- Justice, or fome other justice of the court of the said Lord the King, before the King himself, (if thought neceffary) by the said arbitrator, and thould produce before ine said arbitrator, ali books, papers, and writings, touching and relating to the premises, as the said arbitrator should think fit ; and that the witnesses for the plaintiff and defendant respectively, were to be examined upon oath, to be sworn before the said Lord Chief Tuftice, or some other justice of the court of the said Lord the Kinz, before the King himself: And it was also ordered, by and with iuch consent as aforesaid, That neither the plaintiff or the defendant hould prosecute any action or suit in any court of law or equiry against the

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